Chapter 1 Legal Basics

Question 1

What type of privacy laws are used in Canada

Answer 1

Comprehensive

Question 2

What are comprehensive laws

Answer 2

These laws govern the collection, use and dissemination of personal information in the public and private sectors.

Question 3

two critical issues in a comprehensive data protection scheme.

Answer 3

Enforcement and funding

Question 4

The movement toward comprehensive privacy and data protection laws can be attributed to a combination of three major factors:

Answer 4

1) remedy past injustices,
(2) promote electronic commerce,
(3) ensure consistency with pan-European laws

Question 5

Canada legal system

Answer 5

A parliamentary system

Question 6

laws are introduced and debated in one of two chambers in Parliament:

Answer 6

House of Commons or the Senate

Question 7

how does one become part of senate

Answer 7

appointed

Question 8

how does one become part of house of commons

Answer 8

elected sits as a representative of a political party

Question 9

what are the three branches of gov

Answer 9

legislative branch
judiciary branch
executive branch

Question 10

what is judiciary branch -what comprised of and what they do

Answer 10

headed by the Supreme Court of Canada and is made up of a network of federal and provincial courts that hear and decide criminal and civil matters across the country.

Question 11

what is the legislative branch - what comprised of and what they do

Answer 11

The legislative branch comprises members of the House of Commons and the Senate. They introduce, debate, and pass bills and policy.
The legislative branch also plays a role in the oversight of the executive branch through officers of Parliament.

Question 12

established by the Constitution Act of ….. the federal government is responsible for

Answer 12

1867

issues such as criminal law, banking, national defence, and— privacy protection—trade and commerce.

Question 13

Do courts have the general authority to review most government decisions.

Answer 13

yes

Question 14

what is judicial review

Answer 14

courts authority to review of government decision-making, court’s authority to perform this function is limited. A judicial review, is an application whereby the courts examine the procedures used by the tribunal, the merits of the decision itself, and, in some instances, the question of whether the tribunal had the jurisdiction to make the original decision in the first place

Question 15

what are Administrative tribunals and what is their function

Answer 15

interpret laws and, can also enforce Charter rights. vehicles of the executive branch and are organized to administer specific programs with a certain degree of expertise. such as federal administrative tribunals manage regulation of broadcasting and telecommunications, the immigration system

Question 16

Canadian Charter of Rights and Freedoms, date and what is it

Answer 16

considered the most valued rights in Canada. was made part of the Canadian Constitution in 1982.

Question 17

is the privacy commissioner an officer of Parliament, or a member of the executive branch of government? and who is it accountable to?

Answer 17

officer of , legislature

Question 18

who over sees executive branch and how

Answer 18

legislative branch through officers of parliament

Question 19

examples of officers of parliament

Answer 19

auditor general and federal privacy commissioner.

Question 20

four federal privacy acts and their province

Answer 20

• Personal Information Protection and Electronic Documents Act (PIPEDA).
• Personal Information Protection Act in Alberta (“Alberta PIPA”)
• Personal Information Protection Act in British Columbia (“BC PIPA”)
• the Act Respecting the Protection of Personal Information in the Private Sector in Quebec (“the Quebec Act”)
• Personal Health Information Protection Act in Ontario (PHIPA)

Question 21

what is Common Law

Answer 21

common law is often referred to as judge-made law because it is derived over time from the various rulings, decisions and interpretations made by judges who hear the cases that are brought before them.

Question 22

what kind of law protected privacy in Canada in the origins

Answer 22

common law

Question 23

what is the only Supreme Court decision endorsing a tort-based privacy right.

Answer 23

in the late 1990s upheld a plaintiff’s claim for damages because a photograph of her was used on a magazine cover

Question 24

what is the problem with the advancement of privacy as a right protected in tort law i

Answer 24

traditionally, the notion of privacy was well protected by more traditional interests such as trespass and nuisance.
growing body of jurisprudence in Canada that has recognized the existence of common law “privacy interests.”

Question 25

does Ontario Court of Appeal recognized the tort in Ontario. and date recognized

Answer 25

yes 2012

Question 26

what are contracts and privacy rights

Answer 26

Contracts are private laws created by parties who agree to be bound by certain terms.Privacy rights can be created and protected by contracts when the parties to the contract agree to respect the confidentiality and security of the information they become privy to because of the contractual arrangement or other discrete terms within the contract, such as privacy or security terms.

Question 27

What 2 sections of the Canadian Charter of Rights and Freedoms refers to privacy and what does it state

Answer 27

Section 7 of the Charter states that “everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” Section 8 of the Charter states: everyone has the right to be secure against unreasonable search or seizure. Generally, this section is used in the criminal and administrative context to prevent government authorities from violating privacy rights while gathering evidence, conducting investigations or conducting administrative functions. The section is triggered when the state interferes with an individual’s reasonable expectation of privacy and when such interference itself is found to be unreasonable

Question 28

what type of privacy breach is applicable regarding the charter of rights

Answer 28

the Charter applies only to government action; | private litigants would not be able to base a claim for breach of privacy against anyone other than a government entity.

Question 29

how are issues with Contracts and tort-based privacy settled

Answer 29

Contracts and tort-based privacy rights arise between private parties, and unless settled privately, are enforced through the courts.

Question 30

how are Charter-based privacy rights enforced

Answer 30

these laws are overseen by privacy commissioners (or ombudspeople in provinces that do not have commissioners. The commissioners are tasked with investigating government institutions and organizations subject to those privacy laws.

Question 31

Once an investigation has been completed, and the commissioner has rendered a report, there is often a chance for the matter to proceed to court. explain how this works in provinces

Answer 31

In the provinces where this is possible, the matter proceeds as a review of the commissioner’s decision. In Alberta and British Columbia, this is done by judicial review Quebec, this is done by appeal.

Question 32

Federally, when matters proceed to court, they do so as brand-new hearings referred to as

Answer 32

de novo hearings